Acting Chief Justice Roxane George-Wiltshire is set to rule tomorrow morning on contempt proceedings which had been filed in March against Region Four Returning Officer (RO) Clairmont Mingo.
The challenge had been brought by opposition People’s Progressive Party/ Civic (PPP/C) supporter Reeaz Holladar, who had contended that results declared by Mingo from the March 2nd polls for Electoral District Four had been done in breach of previously issued court orders.
The matter came up for hearing yesterday when arguments were heard.
Given that the applicant (Holladar) has since died, the court had asked to also hear arguments on any implications as to the continuity of the matter.
Speaking to Stabroek News yesterday afternoon, Holladar’s attorney, Anil Nandlall, explained that he had taken steps to have Holladar’s wife joined in his stead.
With a national recount of ballots from the elections having been completed on Monday, Nandlall expressed the view that the matter may no longer have any utility, but noted that they await the court’s ruling.
Following a first declaration made by Mingo on March 5th, the Opposition PPP/C through Holladar had challenged the exercise, and was granted an injunction prohibiting any final declaration of the election results from the Chief Election Officer of the Guyana Election Commission (GECOM).
Finding substantial non-compliance by Mingo with the Representation of the People Act, the Chief Justice granted the injunction since the manner in which the purported declaration of votes for District Four was done, flouted the law.
Section 84 of the Act, which specifies the process for the counting of votes, stipulates that the votes must be added up in accordance with the Statements of Poll (SOPs).
It prescribes, among other things, that as soon as practicable after the receipt of all the ballot boxes and the envelopes and packets delivered to him in pursuance of Section 83 (10), the RO shall, in the presence of those legally entitled to be in attendance, ascertain the total votes cast in favour of each list in the district by adding up the votes recorded in favour of the list in accordance with the SOPs and thereupon publicly declare the votes for each list of candidate.
A second declaration made by Mingo on March 13th was again shrouded in controversy and became the basis of Holladar’s contempt proceedings against the RO, arguing that in breach of Section 84 the Representation of the People Act, Mingo made the declaration without using the SOPs.
He argued that instead, Mingo had used a spreadsheet from which numbers had been called, without producing any corresponding SOPs for observers to see.
Holladar, through his attorney, argued that instead the RO “chose to use a pre-prepared spreadsheet as the basis for the ascertaining and adding up of the said votes” despite the earlier ruling of the Chief Justice that in tabulating the votes, the SOPs must be displayed for all observing the process to see.
Local and international observers had discredited Mingo’s declarations for lack of transparency.
Both the opposition PPP/C and the incumbent APNU+AFC coalition had claimed victory at the polls.
Since the recount, however, the incumbent has said that numerous anomalies were uncovered which affects the credibility of the recount.
Following Mingo’s controversial and discredited declarations, the coalition was poised to win with 237,017 of the 472,834 votes cast. This is 7,638 more than the 229,379 secured by the PPP/C.
From the tabulation of the recounted ballots which concluded on Monday, however, the opposition PPP/C has a lead of 15,416 votes over the incumbent, with the PPP/C securing 233,336 votes compared with 217,920 secured by the APNU+AFC.
